DWIGHT BONNER V RICHARD J. BARNES, ESQ. ROSS CELLINO, ESQ., STEVEN BARNES, ESQ., AND CELLINO AND BARNES, P.C.

DWIGHT BONNER V RICHARD J. BARNES, ESQ. ROSS CELLINO, ESQ., STEVEN BARNES, ESQ., AND CELLINO AND BARNES, P.C.

Motion No: CA 09-00440

Slip Opinion No: 2009 NYSlipOp 67029(U)

Decided on March 17, 2009

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

March 17, 2009

DOCKET NO. CA 09-00440

DWIGHT BONNER, PLAINTIFF-APPELLANT,
V
RICHARD J. BARNES, ESQ. ROSS CELLINO, ESQ.,
STEVEN BARNES, ESQ., AND CELLINO AND BARNES, P.C.,
DEFENDANTS-RESPONDENTS.

Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 18, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Gregory V. Pajak dated February 24, 2009, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.

Entered: March 17, 2009

JoAnn M. Wahl, Clerk